HomeMy WebLinkAboutCity of Tamarac Ordinance O-1992-041I
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-92-y,
Temp. Ord. # 1620
REVISED-8/25/92
IJ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA APPROVING AGREEMENTS
BETWEEN THE CITY OF TAMARAC AND ALL SERVICE
REFUSE COMPANY, BROWNING FERRIS INDUSTRIES OF
FLORIDA, INC., COUNTY WASTE, INC., INDUSTRIAL
WASTE, INC., AND SOUTHERN SANITATION, INC. FOR
THREE (3) YEAR AGREEMENTS TO PROVIDE
COMMERCIAL WASTE HAULING SERVICES WITHIN THE
CITY OF TAMARAC; PROVIDING FOR CODIFICATION:
PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. ,
WHEREAS, the City Council of the City of Tamarac, Florida
believes that it is in the best interests of the citizens and
residents of the City of Tamarac to provide many services and
conveniences; and
WHEREAS, the City Council of the City of Tamarac has reviewed
the non-exclusive franchise agreements for commercial waste
haulers; and
WHEREAS, the City Council authorized City Attorney Mitchell
S. Kraft and Assistant City Manager Dina M. McDermott to negotiate
new agreements with commercial waste haulers; and
WHEREAS, the Agreement has been negotiated in good faith; and
WHEREAS, the City Council is desirous of entering into three
(3) year non-exclusive franchise agreements with All Service
Refuse Company, Browning Ferris Industries of Florida, Inc.,
County Waste, Inc., Industrial waste, Inc., and Southern
Sanitation, Inc.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 2-- That the appropriate city officials are hereby
authorized to execute Agreements with:
I. All Service Refuse Company
2. Browning Ferris Industries of Florida, Inc.
3. County Waste, Inc.
4. Industrial Waste, Inc.
5. Southern Sanitation, Inc.
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Temp. Ord. # l 620
REVISED 8/25/92
for three ( 3 )
year non-exclusive franchise agreements to provide
commercial waste hauling services within the City of Tamarac,
Florida, copies of the Agreement are attached hereto as composite
~Exhibit AN and made a part hereof.
Specific authority is hereby granted to codify
this ordinance.
=TI DN ,I All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SZCTTQN 4- If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications
of this Ordinance that can be given affect without the invalid
provision or application, and to this end the provisions of this
Ordinance are declared to be severable.
SECT70N ';r. This Ordinance shall become effective immediately
upon its passage and adoption.
PASSED, FIRST READING this Ia t-h day of 1992.
PASSED, SECOND READING this P8 h day of 1992.
.�
H.L. BENDER
MAYOR
ATTEST:
42
CAROL A. EVANS .� ..�
CITY CLERK
I HEREBY CERTIFY that I
h e approved this
qADINA4CE as Ao form.
kfrCHELL FT
CITY ATTORNNtY "
APPROVE.AGR.
r
RECORD OF COUNCIL VOTE
MAYOR 8 NO R
DISTRICT 1: ,A KA
DISTRICT 2: V/M
DISTRICT 3: R MANN
DISTRICT4:
K
I
CITY OF TAMARAC
WASTE HAULERS FRANCHISE AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
All the Commercial Waste Hauler
Contracts are the same, therefore,
one complete contract is attached
and a copy of all signature pages
from the other contracts.
r
Municipal Administrative Services, Inc.
10103 Fondren, Suite 350 June 5, 1992
Houston, Texas 77096 Revised July 1, 1992
RFP-0Q1
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CONTRACT BET EEN
CITY OF TAMARAC AND
TABLE OF CONTENTS
Dec *intion ��
Definitions
Grant
Fees
Term
Obligations/Scope of Service
Disposal of Solid Waste
Recycling Program
Labor Force
Equipment
Performance Bond
Vehicle Identification
Regulation of Collection Containers
Health and Sanitation
Performance Evaluation and Monit
Non -Compliance by the Contractor
Termination by the City
Books and Records
Indemnification
Insurance
Contractor's Local Office
Customer Complaints
Miscellaneous Provisions
Exhibit "A" Performance Standards
Exhibit "B" Keep Tamarac Beautiful
Exhibit "C" Performance/Compliance
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Program 3 0
Checklist 3 1
0 5,2- 7
Revised 7/1 /92
THE CITY OF TAMARAC §
STATE OF FLORIDA
This Service Contract (hereafter the "Contract") is made by and
between the CITY OF TAMARAC,
ORIDA, a home rule municipal�
corporation (hereafter the "City") and
a r cT�l
) �
"Contractor"), both acting by and through their duly �authorizedafter the
representatives, agents and
('The City and the Contractor may be hereinafter referred
to together as the "Parties.")
WHEREAS, the City desires to provide commercial establishments
within its corporate city limits with solid waste collection, transport and
disposal services by engaging independent contractors to perform such
services; and
WHEREAS, &
corporation with offices in
r ' desires to provide the City with commercial disposal services on a contract basis, solid waste
NOW, THEREFORE, in consideration of the terms, conditions
and covenants herein set forth, the Parties mutually agree as
follows:
Section 1.
Unless otherwise specified herein the following terms shall have the
following meanings:
1.1 "Collection", "Collect", and "Collected" shall all refer
mean the collection from the Customer's remises Storage to and
term is herein defined) if necessary, delivery to the g ro that
priate
disposal site, and proper disposal of solid waste, all in compliance
with all applicable federal, state, county, and local laws, statutes,
ordinances, rules, and regulations.
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1.2 "Contract Year" shall mean a twelve month period of time
beginning on the Commencement Date (as herein defined) and an
successive 12 month period thereafter, y
1.3 "Customers" shall mean those persons and/or entities which
enter into service contracts with Contractor for the Collection of Solid
Waste, such as industrial and business sites, office, warehouse and
apartment buildings and complexes and other similar locations,
including construction sites and demolition projects.
1.4 "Environmental Laws" shall mean any and all state, federal
and local statutes, rules, regulations and ordinances relating to the
protection of human health or the environment including, without
limitation, the Solid Waste Disposal Act as amended by the Resource
Conservation and Recovery Act of 1976 and the Hazardous and Soli
Waste Amendments of 1984, 42 U,S.C. d
Comprehensive Environmental Response Compen at01, the
Act of 1980, 42 U.S.C., §9601, , and Liability
Amendments and Reauthorizatian� pact s of ei 9$6' the Hazardous
ded by the Superfund
Materials Transportation Act, 49 U.S.C. §6901
Water Pollution Control Act, 33 U.S.C. 1251 !wL �'' the Federal
Act, 42 U.S.C. §7401 § � �4•. the Clean Air
ZL SSA., the Toxic Substances Control Act, 15
U.S.C. §2601, =L=,, the Safe Drinking Water Act, 42 U.S.C. 300j, the United States Environmental Protection Agency's §300f-
concerning Underground Storage Tanks 53 Fed. Rerules • 37082
(9/23188), all as amended now and in the future, and an
similar
federal, state and local environmental statutes and ordinan
the rules ces
and regulations, orders and decrees now or her and
promulgated thereunder, during the term of this agreement. °after
1.5 "Equipment" shall mean all vehicles, machine tool and
equipment, as well as related
necessary for the Contractor's pesupplies and materials machinery,
hereunder, reasonably
1.6 "Gross Receipts" shall include all revenues collected
by
Contractor for Collection services, delivery charges, fees forto
payments and any additional revenue except for equipmentrental,
franchise fees or other governmental charges imposed u waste services related to the Contractor's Pon solid
Agreement. performance under this
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1.7 "Recycling" means any process by which solid waste, or
materials which would otherwise become solid waste, are collected,
separated, or processed and reused or returned to use in the form of
raw materials or products.
1.8 "Solid Waste" includes garbage, refuse, construction debris
and demolition debris, yard trash, clean debris, white goods, special
waste, ashes, sludge, or other discarded material, including solid,
liquid, semisolid, or contained gaseous material resulting from
domestic, industrial, mining, agriculture, or governmental operations.
1.9 "Storage" shall mean the holding of Solid Waste for a
temporary period (less than 24 hours, but in accordance with Florida,
or local laws or regulations), at the end of which the Solid Waste is
processed, disposed of, or permanently stored elsewhere.
1.10 "Subcontractor" shall mean an individual or entity that is
subject to the terms and requirements of this Agreement to provide
solid waste collection services to the City.
1.11 "Transfer Station" shall mean that location or locations and
facilities established and designated by Broward County as loading
sites in and around the City so as to provide for the efficient and
effective collection of Solid Waste and the ultimate disposal thereof,
as well as the weighing of the Solid Waste,
Section 2. Grant
In consideration of the Contractor's performance hereunder and
compliance with the covenants " and conditions set forth herein, and in the
ordinances and regulations of the City governing -the Collection of
commercial Solid Waste, the City hereby grants to the .- Contractor the
nonexclusive right pursuant to Article 7.19 of the City's Charter to use the
public streets, alleys and thoroughfares within the corporate limits of the
City for the purpose of engaging in the business of Collection of Solid Waste
for commercial Customers located within the corporate limits of the Cit
pursuant to the terms of -this Agreement, but not otherwise. y
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Section 3, Strefkt Use Fee
In consideration of the grant contained in Section 2 hereof, the
Contractor hereby agrees to pay to the City as compensation for the right
to use its streets, alleys and thoroughfares an amount ("Street Use Fee")
equal to a ten percent (10%) of its Gross Receipts from commercial Solid
Waste Customers within the corporate limits of Tamarac. Payments shall
be due no later than thirty (30) days after the end of the month.
The contractor shall provide to the City notarized monthly and
annual statements signed by an authorized representative of the Company.
Statements should accompany payments and identify in detail the
categories and amounts of Gross Receipts received by the contractor, based
on the records of the Contractor during the month for which payment is
made related to the Contractor's performance under this Agreement. If
Contractor fails or refuses to make such reports and payments, the City may maintain an action against the Contractor to recover the same and all
expenses of collecting same, including reasonable attorney fees.
3.1
In the event Contractor establishes any other methods of
Collection and disposal of Solid Waste, the City shall establish,
at that time, a percentage of Gross Receipts from such Collection
method to be included in the calculation of the amounts due.
3.2 .
In the event contractor fails to make the payment for this Franchise
on or before the date due as hereinabove provided, the Contractor
shall pay an interest charge for each month, or a fraction thereof,
that payment is late. An Interest Factor shall be based on the prime
rate for the Chase Manhattan Bank, N.A., plus one percent (1%)
Calculation will be illustrated as follows:
Prime Rate + 1 % / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note: Regardless of the foregoing, the interest
rate referred to in this section will comply with all
applicable state laws.
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Section 4. Icrm
4.1 Pri-Mary Ter The term of this Agreement shall be for a
period of three (3) years commencing September 1, 1992 and
Contractor agrees that at the City's option the term of the Agreement
can be extended month -to -month on thirty (30) days written notice
by City to Contractor.
4.2 $ This Agreement shall be renewable for
successive three year periods, only if hereafter agreed by both
Parties, and provided that in order for such renewal right to arise the
City shall have given written notice of its desire to renew the term of
the Agreement no less than ninety (90) days prior to termination of
this Agreement. The Contractor shall accept or reject the Cit 's
proposal to renew this Agreement within thirtyY
notice from the City. Should (30) days of written
the Contractor fail to notify the City
within said thirty (30) day period of its refusal to renew the
Agreement, the Contractor's silence shall be deemed to be an
affirmative acceptance of the renewal proposal.
Section 5.
Contractor hereby agrees to Collect all Solid Waste generated and set
out for collection by Commercial Customers within the corporate city limits
of the City. The Contractor shall, at its own cost and expense furnish
trained personnel and appropriate well maintained Equi ment a
referenced in Section 9 of the Agreement). p ( s
the number and size of collection vehicles Tlfe Contractor shall provide
or ac
adequately and efficiently service all units. The Contractor Sufficient estty to
iablish
and maintain scheduled Collection routes and special schedules as may be
necessary to meet the Collection service requirements of the Customers
located within the corporate city limits of the City. Further, the Contractor,
at its own cost and expense, shall provide for the solicitation, servi ind
billing of Customers, and shall recommend schedules of service g and
Customers. Unless otherwise established by City ordinance to,
said
o
schedules for commercial Solid Waste shall be determined lthe
Contractor based upon negotiations with its Customers. The by the
Contractor
W
acknowledges and agrees that Contractor shall be obligated to take such
actions as necessary to fulfill its duties and obligations hereunder and that
the City may from time to time issue written directions to the Contractor
clarifying the scope of Contractor's services to fulfill the intent of this
Contract. This franchise agreement is not applicable to medical
waste collection and disposal, nor does it preclude City from
entering into agreements for collection and disposal of medical
waste.
Section 6. Waste
The Contractor shall deliver commercial Solid Waste Collected
pursuant to this Contract to the approved Broward County Recovery
disposal facilities or to any Transfer Station which may hereafter be
utilized in the future by the City and approved by Broward County (such
site hereafter called the "Disposal Site"). Contractor shall not be reimbursed
by the City for costs and expenses actually paid by Contractor to Broward
County for the use of the Disposal Site for disposal of commercial Solid
Waste Collected pursuant to this Contract. Any alternative disposal site
must be approved in writing by the City prior to its use by Contractor. All
laws, rules and regulations governing hours of operation and disposal
practices at the Disposal Site shall be strictly observed by the Contractor.
The Parties hereby agree that all services provided by the Contractor
pursuant to this Contract shall be carried out in a competent and business
like manner and in compliance with the standards and specifications set
forth in the attached Exhibit "A (hereafter "Performance Standards").
Contractor shall not engage any subcontractor without written prior
approval of the City. The City of Tamarac reserves the right to revise the
Performance Standards as it determines within its sole discretion, such
revisions to be necessary or proper to secure the safety, welfare and
accommodation of the public; provided that prior to the revising or
establishing of new or additional Performance Standards, the Council shall
invite and allow the Contractor to submit any information it may wish for
review by the Council. The City reserves the right of Council to seek advice
from the City Manager designate, or such other person or persons as may
be responsible for management of Solid Waste Collection within the
city limits of Tamarac. Any revision or establishment of new
Performance Standards shall be approved by the Council and upon such
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approval shall become a part of this Contract as though fully set forth
herein.
Section 7.
7.1. dal Contractor shall establish and make available a
Recycling program for its commercial Customers which shall be in
compliance with the laws established by the United States
Environmental Protection Agency, the Florida Department of
Environmental Regulation (DER) and the City of Tamarac to reduce
the impact of waste by Recycling materials such as, but not limited
to, glass, tin, aluminum, cardboard, plastic, and paper.
7.1A
This portion of the Tamarac, Florida
Solid Waste Disposal Franchise Agreement and Ordinance shall
be known as the recycling component. The Contractor shall
comply with all mandatory rules, regulations, and laws of the
United States Environmental Protection Agency, Florida
Department of Environmental Regulation, Florida Statutes,
County and City ordinances, including Keep Tamarac Beautiful
Program (Exhibit B) regulations.
7.2
The franchise collector shall keep
records of recyclable materials picked up in the City, so as to allow
the City to meet the State of Florida DER reporting requirements.
These reporting requirements must be included the
Hau ler's/Con tractor's monthly report (i.e., the number of businesses
recycling, the monthly yardage report, and a breakdown of the
commodities recycled). Information must be provided on the State's
approved report form as amended hereto.
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Section 8. Labor F
Contractor shall provide the City with written information regarding
compliance with this provision upon request of the City. Contractor shall
employ only such superintendents, foremen, and workmen who are
reasonably careful and competent and fully qualified to perform the duties
or tasks assigned to them. All employees of Contractor and/or its
subcontractors, if any shall comply with all laws and regulations, and shall
have sufficient skill, ability, and experience to properly perform the work
assigned to them and operate any equipment necessary to properly carry
out the performance of their assigned duties.
Section 9.
Contractor, at its sole cost and expense, shall furnish and maintain all
Equipment as is considered reasonably necessary to perform the work in
an acceptable manner and at a satisfactory rate of progress. The
equipment shall be maintained in a first class, safe and efficient working
condition throughout the term of the Agreement and any renewal period.
Contractor shall establish a regular preventative maintenance program for
all Equipment and shall maintain records of preventative maintenance and
other maintenance repairs to the Equipment. Contractor shall be
responsible for initiating, maintaining and supervising all maintenance
programs, safety precautions and programs, in connection with the work
and services performed hereunder. Contractor shall establish reasonable
procedures and programs to prevent property loss or damage and/or
Personal injury to persons, including, but not limited to, employees
performing such work and all other persons who may be affected hereby.
Contractor shall comply with all Federal, State, and Local rules and
regulations when conducting operations pursuant to this Agreement.
Contractor shall maintain files and records of all citations and violations of
any laws, statutes, ordinances, or regulations, in the ownership, title,
maintenance, or operating of the Equipment and such files and records
shall be available upon reasonable notice for review by the City.
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Section 10.
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XCCpt as provided the Contractor shall furnish to the City a Performance eBond, s security
r of
Credit or Cash Bond guaranteeing the faithful performanceofthis
Contract. The Security shall be in a form acceptable to the City's
Attorney and shall be for the term of this Agreement and in an
amount equal to the greater of $2-5QQ, or a sum amounting to the
annual average of three months of franchise fees for the past
contract year, if less than 12 months, the actual number of months of
service shall be used in calculation. The Security shall be furnished
to the City by the Contractor within ten (10) days of the date of
execution of this Agreement or any renewal hereof. Without limiting
any other indemnity provisions herein, said Security shall indemnify
the City against any loss, expense, cost or damage resulting from any
default by Contractor hereafter or any failure of performance by the
Contractor. The City Attorney is hereby delegated the authority to
approve the form of the Security. The Risk Manager shall approve
the financial capabilities of the surety to perform.
Section 11.
All vehicles and equipment used by the Contractor for the Collection
commercial Solid Waste shall be clearly marked with the Contractor's name
in letters of a size sufficient to reasonably identify the vehicle, but not less
than five inches (5") in height. In the event the City shall at any time
require, the Contractor shall. also assign to each of its vehicles an
identifying number and shall mark the same upon said ures vehicles in fi
not less than five inches (5") in height. g
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Section 12,
The Contractor may provide its Customers with appropriate
containers for Collection of commercial Solid Waste, subject to the following
requirements:
( i ) All such containers shall be constructed according to the
generally accepted industry standards.
(i i) All open roll -off containers shall be covered to prevent the
scattering of the container's contents while in transit.
(i i i) All such containers shall be maintained on a regular basis by
the Contractor so as to be in good repair.
(i v) All such containers shall be clearly marked with the
Contractor's name and telephone number in letters not less
than two inches (2") in height. Contractor shall replace any
damaged container caused by Contractor within forty-eight
(48) hours if notified by the City or its Customers.
Section 13.
The Contractor shall establish and enforce in its operations a
nd
among its employees such regulations in regard to cleanliness and
Collection of Solid Waste as will tend to prevent the inception and spread
of diseases and to effectively prevent the creation of a nuisance on any
property either public or private. The Contractor shall maintain at its sole
cost and expense copies of all permits and licenses required for its
Collection of Solid Waste services either from the City, County, State or
Federal Government.
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Section 14, ,
14*1EPjmhjjrcCMC_n_t Cos
Contractor shall reimburse the
City for all documentable, out-of-pocket costs and expenses incurred
by the City in connection with the initial award of this Agreement to
Contractor. No later than the 30th day following the contract award,
the City shall submit to the Contractor a detailed list of all such costs
which are reimbursable pursuant to this provision. Such costs shall
be certified as to their completeness and accuracy by the City
Manager and shall be deemed accurate unless the Contractor notifies
the City in writing of its disagreement to any such costs within thirty
(30) days after receipt thereof. Reimbursement by the Contractor to
the City pursuant to this provision shall not exceed an aggregate
amount of Three Thousand Five Hundred Dollars ($3,500) per
Contractor and shall be paid by the Contractor 45 days after receipt
of invoice from the City.
14.2 !; Contractor shall reimburse the City for all
audit costs that are incurred in auditing the gross receipts of
Contractor under this Agreement. Such costs shall be submitted to
Contractor in writing within thirty (30) days after the completion of
each audit no more often than annually. Such costs shall be certified
as to completeness and accuracy by the City Manager of the City shall
be deemed accurate unless Contractor notifies the City in writing of
its disagreement with any such cost within thirty (30) days after
receipt thereof. Reimbursement pursuant to this provision shall be
paid by the, Contractor to ' the City on or before forty-five (45) days
after receipt of such costs from the City and such reimbursement
shall not exceed an aggregate amount of Four Thousand and No/100
Dollars ($4,000) per Contractor for any Agreement Year.
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Section 1S.
In the event the Contractor shall fail to any of th
provisions of this Contract, the Cityshall p y e material
provide the Contractor with
written notice of its non-compliance statinparg
facts relating thereto. Thereafter, if the practice, event reasonable
acondPion is not
reformed, corrected or otherwise made to comply with the termsof his
Contract within a period of time which is reasonable in relation to the
nature of the practice, event or condition of non-compliance, but in no
event more than ten (10) days from the date of the notice of violation
unless the non-compliance cannot be cured within ten (10) days, then
within a reasonable time using best efforts and Contractor shall notify City
of those efforts, the same shall constitute an Act of non-compliance. For
each Act of Non -Compliance, the Contractor shall pay the City a sum set by
the City not to exceed One Hundred Dollars ($100.00) per day for each day
that such Act of Non -Compliance shall continue. The foregoing provisions of
this paragraph are not intended to limit the rights and remedies of the
parties at law or in equity.
Section 16.
16.1
16.1.1 nefa� Default by the Contractor shall occur if
the Contractor fails to observe or perform a material portion of
it's duties under this Contract ("Default"). The City may
terminate the Contractor's performance of services under this
Contract in the event of Default by the Contractor and a failure
by the Contractor to cure such Default after receiving notice
thereof, all as provided in this subsection. --Should Default
occur, the City may deliver a written notice to the Contractor
describing such Default and the proposed date of termination.
Such date may not be earlier than the thirtieth (30th) day
following receipt of the notice. The City, at its sole option, may
extend the proposed date of termination to a later date. If
prior to the proposed date of termination, the Contractor cures
such Default, then the proposed termination shall be
ineffective. If the Contractor fails to cure such Default prior
to
the proposed date of termination, then the City may terminate
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the Contractor's performance under this Contract as of such
date.
16.1.2
Upon the effective
date of termination as contained in the notice, the Contractor
shall, unless the notice directs otherwise, immediately
discontinue all service in connection with this Contract and
shall proceed to cancel promptly all existing orders chargeable
to this Contract. Within ten (10) days of receipt of notice of
termination, the Contractor shall submit to the City monthly
reports and revenues required under this Contract to the date
of termination.
16.1.3 In addition to, or in lieu of, the
termination procedure set above, the City may take any or all
Of the following actions in the event of a default by the
Contractor;
M If the City determines, and notifies the Contractor,
that such Default poses an immediate threat to the
health or safety of any person or to any property
interest, and if the Contractor has not cured such
Default within twenty-four (24) hours after receipt
of such notice, the City shall have the right to
perform or cause to be performed all or part of the
work necessary to cure such Default. In the event
that the City performs such work, or causes it to be
performed, the Contractor shall bear the cost of
such work, and if necessary, shall reimburse the
City for the cost thereof. The City --shall have the
right to deduct any such compensation due to the
City from any sums otherwise due and owing to the
Contractor.
(i i) The City may make or file a claim under the
Performance Bond, Letter of Credit, or Cash Bond
for any damages, costs, expenses or liabilities that
the City has incurred as a result of Contractor's
default.
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(i i i) City may exercise its rights under Section 15 hereof.
Section 17,
The Contractor hereby agrees to maintain, at its local office or
principal place of business within Broward County, adequate books and
records relating to the performance of its obligations under this Contract
and in a form sufficient to identify its gross receipts. The City or its auditor
may request to review those books and records which are reasonably
necessary to determine gross receipts and the Contractor shall provide
same. Audits, upon reasonable notice, by the City shall not be performed
more frequently than once a year during normal working hours. The City
may, upon reasonable notice, cause an audit to be performed by City
Personnel or by an independent party designated by the City of that
portion of the Contractor's books and records relating to its payments for
gross receipts. The cost of an annual audit pursuant to this provision shall
be a reimbursable cost under Section 14 hereof. No original notes or work
papers can be removed from the inspection location.
Section 18. IDIUMBUIcation
18.1 Contractorls. .
hereby assumes risk of loss and/or injury The Contractor
persons arising from the performance of any of its bligat oyns and/or
under this Contract and further agrees to indemnify and hold harmless he
City, its officers, agents, servants and employees from and against
any and all claims, liabilities, demands, suits, judgments, costs or
expenses, including, but not limited to, expenses of litigation and
attorneys' fees, arising from any such claim, loss or , injury. This
indemnity shall only run to the City, its officers, agents, servants and
employees, and shall not extend to any third party beneficiaries.
Without limiting the foregoing, the indemnity provided herein
shall
specifically include any claim against the City arising out of any of
the Environmental Laws (as herein defined).
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Section 19. Insurnn
19.1 raurl The Contractor shall not commence work under this
Contract until it has obtained all the insurance required under this
Contract, and such insurance has been approved by the City.
Contractor shall be responsible for delivering to the City the
Certificate of Insurance for approval. Contractor shall name the City
of Tamarac as an additional insured on the Certificate of Insurance.
All insurance policies shall be issued by companies duly licensed to
write business insurance policies in the State of Florida and rated -A-
or better by A. M. Best Key Rating Guide. Further, the City shall be
named as an additional insured on all insurance policies (except
Workers' Compensation). Certificates of each policy, together with a
statement by the issuing company to the extent that said policy shall
not be canceled without thirty (30) days prior written notice
received by the City, and shall be delivered to the City's Risk
Manager for review and approval. Insurance coverage specified
herein constitutes the minimum requirements and said requirements
shall in no way lessen or limit the liability of the Contractor under
the terms of this Contract. The Contractor shall procure and
maintain, at its own cost and expense, any additional kinds and
amounts of insurance that, in its own judgment, may be necessary
for proper protection in the prosecution of its work.
19.2
during the term of this Contract Tand Cohe ntractor shall maintain,
Compensation Insurance on all of its employees ny to be renewals, en a Workers'
er n
work under this Contract, and shall require the same from any
subcontractors used. In the event that any class of employees
engaged in hazardous work pursuant to this Contract is not protected
under the Workers' Compensation Statute, the Contractor shall
provide adequate employer's general liability insurance for the
protection of employees not so protected.
19.3
Contractor shall procure and shall maintain during the term of his
Contract and any renewals Public Liability and Property Damage
Insurance in an amount not less than $1,000,000 combined single
15
0, (5�2-�/(
limit coverage for bodily injury, death and property damage (except
automobile).
19.4 Alltnrnob
heContractor shall procure and
maintain, during the term of this
any
Comprehensive Automobile Liability Insurance Contract d in anam untrenewals,
not
than $1,000,000 combined single limit coverage for bodilyinjury,
death, and property damage (automobile). y'
19.5 Liab. .
The maintain, during the term of this Contractand
any renewals, Excess
Contractor shall procure and
Umbrella Liability Insurance in an amount not less than $1,000 000
coverage in excess of Automobile and Bodily Injury/Property
Damage coverages.
19.6 The insurance required under the above
paragraphs shall provide adequate protection for the Contractor
against damage claims which may arise from operations under this
Contract, whether such operations be by the insured or by anyone
directly or indirectly employed by the insured. The City shall be
named as an insured on all of Contractor's insurance policies
provided for herein.
19.7 Qr.- Tnqiyr
and bonding companies with whom Contractor's insurance and c
insurance
bonds are written shall be licensed to do business in the State ashofFlorida and shall be represented by an agent or agents having an
office located in the State of Florida. or designate an agent in Florida
for the purposes of handling claims under this Contract. Each such
agent shall be duly qualified, upon whom service of process may be
had, and must have authority and power to act on behalf of the
insurance and/or bonding company to negotiate and settle with the
City, or any other claimant, or any property owner who has been
damaged, may have against the Contractor, insurance, and/or
bonding company. The name of the agent or agents shall be set forth
on all such bonds and certificates of insurance. Contractor shall keep
the required insurance in full force and effect at all times during
e
term of this Contract, and any renewals thereof. Contractorshall
furnish to City a Certificate of Insurance on a form furnished and
approved by City, evidencing the Contractor has obtained the
16
0_512--V/
required insurance coverage. At the request of the City the original
policy shall be provided for inspection. All policies must prove that
they may not be changed or canceled by the insurer in less than
thirty (30) days after the City has received written notice of such
change or cancellation. Such insurance amounts may be reviewed
upward at City's request, and Contractor shall revise such amounts
within thirty (30) days after receipt of such request.
Section 20. e
20.1 —Agent Throughout the term of this
Contract, the Contractor shall establish and maintain a local office or
authorized managing agent within the Broward County and shall
designate in writing within ten (10) days of execution of this contract
the agent upon whom all notices may be served from the City.
Service upon Contractor's agent shall always constitute service upon
the Contractor.
20.2 Hour 5 Contractor's local office shall be open during collection
hours so that customers can lodge complaints, request for
information, and requests for service. At a minimum, the
Contractor's local office shall be available during the hours of 8:00
a.m, to 5:00 p.m., local time, Monday through Friday.
20.3 SA-0 f fin Contractor's local office shall have a responsible
person in charge during collection hours on collection days, shall be
equipped to respond to telephone calls, a local telephone number,
and sufficient attendants to receive telephone calls. Calls shall be
received and responded to in a courteous and polite manner, record
all complaints, and resolve all complaints in an expeditious manner
within the next business day. `
Section
21.
s
At a
minimum the Customer complaint
procedure shall provide that
all Customer
complaints shall be resolved
within the next
business day of
receipt of
such complaint that relate to
service under
this Agreement.
Further . the Contractor shall supply
the
City upon
request with
copies of
all complaints indicating
the
date and
hour of the
complaint,
the nature of the complaint
and
the manner
and timing of
17
0_q,2-q�
its resolution. The Contractor shall maintain a customer complaint log
during the term of this contract.
Section 22.
22.1 The relationship of the Contractor
to the City shall be that of an independent contractor, and no
principal -agent or employer -employee relationship between the
parties is created by this Contract. By entering into this Contract
with the City, Contractor acknowledges that it will, in the
performance of its duties under this Contract, be acting as an
independent contractor and that no officer, agent or employee of the
Contractor will be for any purpose an employee of the City and that
no officer, agent or employee of the Contractor is entitled to any of
the benefits and. privileges of a City employee or officer under any
provision of the statutes of the State of Florida and ordinances of the
City.
22.2
This Contract
shall not be taken or held to imply the relinquishment or waiver by
the City of its power to make other reasonable requirements or
regulations pertaining to the subject matter hereof, and the City
hereby expressly reserves the right to make all regulations which
may be necessary or proper to secure the safety, welfare and
accommodation of the public, including, but not limited to, the right
to adopt and enforce regulations to protect and promote the health
and general welfare of the public from danger and inconvenience in
the management and operation of garbage, and Solid Waste services
detailed herein. Further, nothing herein contained shall constitute a
waiver of any of the requirements of the rules and regulations
heretofore adopted by the City, including the right to make such
changes and amendments to said rules and regulations as said City
may deem to be advisable and necessary to protect the public health
and general welfare r of its inhabitants.
18
0-5z-LI1
2 2. 3 Y e ae This Contract shall be considered consummated in
Broward County, Florida. All actions brought hereunder shall be
brought exclusively in Broward County, Florida.
22.4 Exhibits The Exhibits "A", "B" and "C" are incorporated
herewith by reference for all purposes as though fully set forth.
2 2.5 The section and paragraph headings
contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Contract.
2 2.. 6 This Contract constitutes the entire
agreement and understanding between the Parties relating to the
subject matter, and it shall not be modified, altered, changed or
amended in any respect unless done so in writing and approved by
Resolution of the City Council of the City.
2 2. 7 B.&n h r-1, 21 C X, This Contract shall terminate in the case of
bankruptcy (whether voluntary or involuntary) or insolvency of the
Contractor. In the case of bankruptcy, such termination shall take
effect on the day and at the time that the bankruptcy action is filed.
22.8 '
Contractor, in the execution, performance, or . attempted performance
of this Contract, shall not discriminate against any person or persons
because of sex, race, religion, color, or national origin, handicap or
marital status. The said Franchise Collector's employees or applicants
for employment (as provided in Title VI of the 1964 Civil Rights Act,
and the Florida Human Rights Act of 1977) understand and agree
that this Agreement is conditioned upon the veracity of this
Statement of Assurance. Furthermore, the Franchise Collector herein
assures the City that said Franchise Collector will comply with Title
VI of the Civil Rights Act of 1964 when federal grant(s) is/are
involved. Other applicable Federal and State laws, Executive Orders,
and regulations prohibiting discrimination' as hereinabove referenced
are included by this reference thereto. This Statement of Assurance
shall be interpreted to include Vietnam -Era Veterans and Disabled
Veterans within its protective range of applicability. The Contractor
must be an Equal Opportunity Employer and have an affirmative
action plan.
O'�5; - Z� (
2 2.9 Time shall be deemed to be of the
essence of this Agreement whenever time limits are imposed herein
for the performance of any obligations by any of the Parties hereto,
or whenever the accrual of any rights to either of the Parties hereto
depends on the passage of time.
22.10 RJObt•
The failure of the City
at any time to require performance by the Contractor of any
provisions hereof shall in no way affect the rights of the City
thereafter to enforce the same. Nor shall waiver by the City of any
breach of any provisions hereof be taken or held to be a waiver of
any succeeding breach of such provisions or as a waiver of any
provisions itself.
22.11 If any provision of this
Contract shall be declared illegal, void or unenforceable, the other
provisions shall not be affected and shall remain in full force and
effect.
22.12 Notice-�q Any notice required or permitted to be
delivered hereunder shall be in writing and shall be deemed to be
delivered upon receipt and shall be deposited in the United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to the respective party at the address set forth below:
20
0-9,241
Contractor:
With a copy to:
City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
Telephone: (305) 722-5900
With a copy to: City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
Telephone: (305) 722-5900
2 2.13 Neither the Contractor nor the City shall
be liable for the failure to perform its duties if such failure is caused
by a riot, war, governmental order or regulation, strike, act of God, or
other similar or different 'contingency beyond the reasonable control
of the Contractor.
2 2.14 2011 This Contract supersedes and replaces
that contract between the same parties dated, September 26, 1990,
and effective immediately, which contract, upon the effective date
of this Contract shall be null and void and of no further force and
effect.
22.1s Aur
be considered fully executed or bindingor •This Contract shall not
the same shall have been approved and accepted effective b th the City until
ncil
of the City of Tamarac in open meeting as required b,tylaw and
executed by the Contractor and the City. After such approval and
21
p-L�;z:-Y/
acceptance, the City shall deliver to the Contractor a certified copy of
the Resolution as evidence of the authority of the person authorized
to bind the City to the terms, covenants and provisions of this
Contract and to perform the same in accordance herewith.
22.16 Contractor, its officers, agents,
employees, and contractors, shall abide by and comply with all laws,
federal, state and local. It is agreed and understood that, if City calls
the attention of Contractor to any such violations on the part of the
Contractor, its officers, agents, employees, contractors, then
Contractor shall immediately desist from and correct such violation.
22.17 . The City shall have the right to
conduct periodic public meetings, to review and consider the
performance of the contractor regarding its compliance with the
material terms of the franchise, any amendments desired by the
contractor, the need for any future new services, and potential
amendments to the franchise reflecting service requirement changes
based on advancements in technology or demonstrated community
needs.
22.1$ Changeg in
. Should the State of Florida, City, County,
United States or Federal agency, or any State or Federal Court or an
agency thereof require either Broward County, City of Tamarac, or
the Contractor to act in a manner which, affects or, is inconsistent
with any provisions of the Franchise Documents, the City Council
shall be authorized to determine whether a material provision of the
Franchise Documents is affected in relation to the rights and benefits
conferred by the Franchise Documents upon the City or the public.
Upon such determination, the City and Contractor shall negotiate in
good faith to modify or amend the franchise to such extent as may
be necessary to carry out the full intent and purposes thereof in
relation to the rights and benefits of the City, or the public. The
foregoing provisions of this paragraph are not intended to limit the
rights and remedies of the parties at law or in equity.
22
vJ Saz-yr
12.19
' Contractor shall
provide the
City
with a
monthly notarized statement from
an authorized
representative of the Contractor, certifying the
accuracy of
the
monthly
franchise fee payment. Contractor shall
provide the
City
with an
annual recap of gross receipts and a
summary of
all
franchise
fee payments paid within the preceding twelve
(12)
months.
1
23
This Contract shall be effective this theof
1992, which shall be the Commencement Date hereof.
ATTEST:
P. Kelly, City 04ager
ATTEST:
By%2
'Carol A. Evans
City Clerk
THE CITY OF TAMARAC, FLORIDA
By:
Mayor
Date: z�
John P. ly
Cit M ager
Date:
Approv
to form
Ll'1'Y OF TAMAltAC
APPROVED AT HEETING OF2-
24
0_ g,2- �r
0-9,2--4
STATE OF FLORIDA :
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the Count of a id to take
acknowledgements, personally appeared o �"� °�'"'` oirre known
to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me that executed the
same.
WITNESS my hand and official seal this � day of%,-:�* I
LZ-L� -I 4:2zie4:2L2
NOTARY PUBLIC, State of
Florida at Large
NOTARY PUBLIC, STATE OF FLORIDA,
MY COMMISSION EXPIRES; .TUNE y6, 199 .
•ONDEo TNRu NOTART ■u@No IONDCRW RIVERS.
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( /) DID NOT take an oath
25
0 S.2-�/
City of Tamarac Agreement for Commercial Waste Haulers
ATTEST: CC
r' B
Corpo �p6tarya 1/ Pr
(Corporate Seal)
STATE OF FLORIDA :
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and irl the Cpunt aforesaid to take
acknowledgements, personally appeared =``�'� "' "` `;' y"`4'
to me known
to be the person(s) described in and who executed the foregoing
instrument and � acknowledged before me and under oath that
executed the same.
WITNESS my hand and official seal this 3 day of � 19 9 a
ti �
NO `'�JJBLIC, Sta of
Florida .at, Large
(Nam�oZm-pulhj
ic:
Print, Stamp, or Type as
M
Commissioned) Maryanne 7orCh,
Not�y STATE OF F L O� ' ;=
( /) Personally known to me, or Public My Comm Erp2/�): t"
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or
cc: John P. Kelly, City Manager
( ) DID NOT take an oath.
26
0 _ 9�-ql
LIST OF EXHIBITS
Exhibit "A" - Performance Standards
Exhibit "B" - Keep Tamarac Beautiful Program
Exhibit "C" - Performance/Compliance Checklist
27
Q_9,?-yI
CITY OF TAMARAC
PERFORMANCE STANDARDS
I. Commercial Container Collection
(a) . Based on General Industry Standards
(b) Six times weekly (for food
establishments), or minimum of once per week (See Section
19.2 (a) & (b) of Tamarac City Code for further details).
(c) ' See Section 9.86 through 9.91 of Tamarac
City Code.
(d) Nm. Service; A listing will be maintained in the Yellow Pages.
(e) Blocked -oatsintr . If access to a container or the equipment is
blocked to prohibit the collection or interfere with collection in
any manner, customer will be notified and one additional
attempt for collection shall be made by the Company's vehicle
within a reasonable time period.
(f) 0=rfi11eA Conte Container will not be emptied if a safety
hazard exists. Customer will be contacted to remove excess.
The pickup will be, rescheduled when excess refuse has been
removed.
(B)
will be exchanged or repaired tnwithin ers athave, n damaged
5working days
notification. If the damage is not due to servicing or a defect in
materials and workmanship, a fee will be charged to the
customer. The amount will depend on the repairs needed. All
containers will be maintained in good appearance.
(h)Qdor anti Insecl ron 01: The customer will be responsible for
the cleaning, odor and insect control in and around containers.
28
(i) Notification will be sent to the City of Tamarac's
Code Enforcement Division if customer service is suspended.
W Weight' Customer shall not overload containers in excess of the
acceptable industry standards. Contractor may charge
customers for extra trips or waiting time caused by such
overloading. If customer refuses to remove such material,
company or company's agents may remove such material.
2. General
(a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday.
(b) Holidays: New Year's, Memorial Day, July 4th, Labor Day,
Thanksgiving, Christmas. Pickups scheduled for these days will
be omitted.
(c) The Franchise Collector shall preserve all public property in the
City from damage due to Contractor's negligence in the
performance of collection services. This applies, but is not
limited, to the public utilities, trees, lawn areas, building
monuments or markers, fences, pipe, and underground
structures, public streets, (except natural wear and tear of
streets resulting from legitimate use thereof by the franchise
collector), and wherever such property is damaged due to the
activities of the Franchise Collector, it shall be restored, within
a reasonable period of time to, its prior condition by the
Franchise Collector at its own expense. The franchise collector
shall act in good faith.
t
29
EXHURIT B"
KEEP TAMARAC BEAUTIFUL PROGRAM
The City of Tamarac will continue to pursue the Keep Tamarac Beautiful
Program.
* Educating and involving citizens, businesses, community
organizations and government in responsible voluntary
actions that will influence citizen participation in
promoting a cleaner, safer, healthier, and more beautiful
community.
* Studying, investigating and developing plans for the
cleanliness of the City.
* Furthering the advancement of geographical recycling
through education, promotion, solicitation of funds and
implementation of facilities and programs on the local
level.
* Soliciting and accepting donations and appropriations of
monies, services, products, property, facilities and
disbursement of said funds for the accomplishment of the
objectives of this program.
* Contractor shall cooperate with the City to implement the
goals and objectives of this program.
F
30
EXHIBIT n C"
City of Tamarac
PERFORMANCE/COMPLIANCE CHECKLIST
Company Name
Date Time
EerfollmncelComplianGe--Reayjred Yes No N/A
I. Has Contractor made a recycling
program available to its customers?
2. Has Contractor provided City with
all monthly recycling reports?
3. Has Contractor supplied the City with
the required Performance Bond, Letter
of Credit or other bond?
4. Has the Contractor properly identified
vehicles and equipment?
(determined by random review)
5. Has Contractor paid the City
all reimbursable costs?
b. Has Contractor maintained the following
insurance*?
Comprehensive General Liability
Workers' Compensation
Automobile
Excess Umbrella _.�.._
*Refer to Agreement for necessary amount
of coverage
7. Reference list provided and verified
by review?
31
8.
Inventory
of Equipment available for
review?
9.
Identification
of Management
personnel
and supervisors? .�
10.
Information regarding Company
brochure
and history?'
11.
Name of
authorized representative
and local
address?
32
■ __ -- -,-
This Contract shall be effective this the qa� day of
1992, which shall be the Commencement Date hereof.
ATTEST:
" --,— , / R//O/.
Jo n P. Kelly, City nager
i ATTEST:
By:
Carol A. Evans
City Clerk
THE CITY OF TAMARAC, R ORIDA
By:
Mayor
Date: / 2—
B
t
John P. Ke
City Mana r
Date: /
Approved as
to form v_
Mitchell S: K1
City Attorney
. CITY OF TAMARAC
APPROVED AT MEETING OF 31F) Oj
24
0 -,qa2,—q t
STATE OF FLORIDA :
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and n he Count f ai to take
acknowledgements, personally appeared '�' ``�'�`{ "+` " to known
to be the pers n(s) described in and who executedv the foregoing
instrument and acknowledged before me that
same. executed the
WITNESS my hand and official seal this —L— day of� 1 q,
NOTARY PUBLIC, State of
Florida at Large
NOTARY PUBLIC, STATE OF FLORIDA
NYIrl ISSION ExPIRES: JUNE 26,
1d9s
roM090o[d taw �or►RY •uMuc unatRws,tss,
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( DID NOT take an oath.
Fdy - a;L
25
City of Tamarac Agreement for Commercial Waste Haulers
ATTEST:
gorpblraie� Secretary
(Coi
yorate Seal)
STATE OF FLORIDA :
:SS
COUNTY OF BROWARD
CORPORATION:
I
y:
L ent James E. O'Connor
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared Jame n to me known
to be the person(s) described in and who executed the foregoing
instrument and --bg_ acknowledged before me and under oath that
executed the same.
WITNESS my hand and official s this 6� day of August, 19 92
NOTARY PUBLIC, State of
Florida at Large
Rosanne B. Odum
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned) r._. ;, c;r_, of Fir[-Js
Commission # AA 610132 In:. r4Cr ts"x
( ��..•; 7..r. Tr:. ia.i • rr.s-rar.a Inc
Xx), Personally known to me, or
( ) Produced identification
( ) DID take an oath, or
cc: John P. Kelly, City Manager
Type of I.D. Produced
( XXX ) DID NOT take an oath.
4.1
This Contract shall be effective this the �th day of
1992, which shall be the Commencement Date hereof.
UTEST:
P. Kelly, City
TTEST:
'Carol A. Evans
City Clerk
THE CITY OF TAMARAC, FLORIDA
By:
ayor
Date: iL—
By:
S�f
John P. Kqq
City Mantgrer
Date:
// g&
Approved
to form by
City Attorney
s
CITY OF TAMARAC
APPROVED AT MEETING OF E� a-
24
STATE OF FLORIDA :
:SS
COUNTY OF ;
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and inie Coun �af�m- to take
`
acknowledgements, personally appeared " tome known
to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me that executed the
same.
WITNESS my hand and official seal this L-�L day o�, 19,
NOTARY PUBLIC, State of
Florida at Large
AX A -r PUBLIC. STATE OF FLOR►DX,
nor «.+ "16SION EXPIRES: JUNE 26. 19,gx
•Y��RC THAy MGTAIIT IYpdG 4N0[11W1►IT[11r/
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
•� Personally known to me, or
Produced identification
Type of I.D. Produced
DID .take an oath, or ( ✓) DID NOT take an oath.
3a
25
O f 2 �t
City of Tamarac Agreement for Commercial Waste Haulers
ATTEST:
C porate ;retary
(Corporate Seal)
STATE OF FLORIDA :
:SS
COUNTY OF 61iu.4,evf :
CORPORATION.
Wele-Presi
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared to me known
to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me and under oath that
executed the same.
WITNESS my hand and official seal this 0 , day of Qd�,, 19 .
G
NOTARY PUBLIC,'S
Florida at Large E51REE A I�tNCEY
r r�ii��c ?�= ay Comm. Exp. 3-18-95
�p -ded By Service ins. Co.
(Name of Notary ublic6
Print, S tamp, or Type as
Commissioned)
( �) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( }�) DID take an oath, or ( ) DID NOT take an oath.
cc: John P. Kelly, City Manager
This Contract shall be effective this the i2a�" day of &:S,4a2d—,
1992, which shall be the Commencement Date hereof.
ATTEST:
� - -0 ()��
.4 /,,
J n P. Kelly, Ci Vlanager
ATTEST:
By: �'�� y't �►
Carol A. Evans
City Clerk
THE CITY OF TAMARAC, FLORIDA
By:
Mayor
Date: 2-Z4Z—
T
B
John P lly
City Whager
Date:
---1//hz
Approved
to form k
CITY OF
APPROVED AT r
24
e11:tS. Kraft
Attorney
o-9,7Z
STATE OF FLORIDA :
:SS
COUNTY OF ;
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the Cou
acknowledgements, personally appeared}'�-'yofFsaid to take
to be the known
person(s) described in and who execute the foregoing
instrument and me that
same. acknowledged before executed the
�'�-'
WITNESS my hand and official seal this , day of , lg,�9_D- ,
NOTARY PUBLIC, State of
Florida at Large
NOTARY PUBLIC, STATE OF FLORfbA;
�r C r:dMIS5ION EXPIRES: DUNE 26ip�
T", NCTART ►ur1.1a ua,,Z 26, T[ y
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
i X) Personally known to tne. or
Produced identification
Type of I.D. Produced
f ) DID take an oath, or ( )( ) DID NOT take an oath.
25
City of Tamarac Agreement for
ATTEST:
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA :
:SS
COUNTY OF
Commercial W .ste
CORPORATION:
1/, r
By:
President
Haulers
0'�2-` f
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared to me known
to be the person(s) described in and who executed the foregoing
instrument and _.ji_Z_ acknowledged before me and under oath that
executed the same.
WITNESS my hand and official seal this /)' day of , 19. -;'2-,
NOTARY PUBLIC, State of
Florida at Large
,'r'4hn F1)i,
(Name of Notary Public:
Print, S tamp, or Type as
Comn)WAIDPAdl STATE OF FLORIDA
U COMISS:CG EXP. MAY 21,1994
( ) Personally known to me, or BDRDED THRU GENERAL ins, unD.
( ) Produced identification
Type of I.D. Produced
( �) DID take an oath, or ( ) DID NOT take an oath.
cc: John P. Kelly, City Manager
26
This Contract shall be effective this the ��lay of
1992, which shall be the Commencement Date hereof.
ATTEST:
Adbd P. Kelly, City M ger
ATTEST:
I
Carol A. Evans
City Clerk
THE CITY OF TAMARAC, FLORIDA
By:
Mayor
Date:
B P/jo' I
]ohn . Ke
City Manager
Date: q
11A
CITY OF r
'PROY>:p AT MEETING pAC
24
STATE OF FLORIDA :
COUNTY OF :SS
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the Cou ty f esaid to take
acknowledgements, personally appearedto me
to be the person(s) described in and wne
ho executed the foregoing
instrument and acknowledged before that esame.-� executed the
WITNESS my hand and official seal this --L day of , 1 gam.
NOTARY PUBLIC, State of
Florida at Large
NOTARY PUBLIC. STATE OF FLORICA;
MY COMMISSION EXPIRES; JUNE 26. ipD9
09"09O THRM NOTAIIT rUvjjC Wp DtAW1R,,f192,
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
X ) Personally known to me, or
Produced identification
Type of I.D. Produced
� ) DID take an oath, or j
(�) DID NOT take an oath.
F �-
25
V 5,2 V
City of Tamarac Agreement for Commercial Waste Haulers
ATTEST: CORPORATION:
1:4
By.
,7orate Secrets V I G� Presi e t
,-
(Corporate Seal)
STATE OF FLORIDA :
:SS
COUNTY OF •
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to take
acknowledgements, personally appeared ZANi �v t�Z me known
to be the person(s) described inecu tie foregoing
instrument and T- acknowledged before me and under oath that
executed the same. �7
WITNESS my hand and official seal this � day of K► Ig q�.
+NOARV�UBIUC, State of
Florida at Large
Of Notary Public.
Print, Stamp, or Type as
Commissioned)
( Personally known to me., or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( ✓) DID NOT take an oath.
cc: John P. Kelly, City Manager
26